A few problems with my FH!

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    #16
    Hi,

    Yes - they are the charges I am disputing along with the £22~ interest on the £80 charge. All of the cheques that have been sent have done so in recorded delivery and I have proof of receipt, the FH has also acknowledged they've been sent and returned them. The lease (I'm guessing it follows a standard pattern) contains the following referring to what I can be charged;

    All rates/taxes/assessments charges
    Legal costs for serving a section 146
    Articles included under the fourth schedule (general maintenance etc).

    I contacted the freeholder yesterday asking for the breakdown of costs under S21 of the Landlord and Tenant act, she replied saying that I am a leaseholder and not a tenant. She also said she is spending a lot of time dealing with my spurious demands and that her time is chargeable. She has then said that I can still book an appointment to see the documents and requested that I stop harassing her and that she's had more correspondence from me in one year then from all the other leaseholders over several years. Finally she finished her email reminding me that I am still "in breach of my lease and all the consequences that this entails".

    Andy I have previously asked her to show me where in the lease it allows for interest and she has said that its up to me to prove its not in there. Sometimes I'm not even sure she's read the lease..

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      #17
      Originally posted by NickSH View Post

      I contacted the freeholder yesterday asking for the breakdown of costs under S21 of the Landlord and Tenant act, she replied saying that I am a leaseholder and not a tenant. She also said she is spending a lot of time dealing with my spurious demands and that her time is chargeable. She has then said that I can still book an appointment to see the documents and requested that I stop harassing her and that she's had more correspondence from me in one year then from all the other leaseholders over several years. Finally she finished her email reminding me that I am still "in breach of my lease and all the consequences that this entails".
      It sounds to me that your freeholder doesn't really understand the proper way to do things and is not prepared to listen.

      If you want to continue dialogue with her it might help pointing her towards the RICS Management Code. See here

      Are you particularly bothered about a s21 summary? It sounds like you know what the major items are for anyway. Getting a s21 summary will cost money and depending on what the lease says this may come back on you and the other leaseholders and if not alienate the freeholder further.

      Why not take her up on her offer to view receipts and take along a copy of the RICS code? You will see in there that they recommend a fixed management charge (providing the lease allows it) and that the guide can be used at LTT hearings. LTT's tend to know typical rates for their area - you could even dig out a local LTT decision or non-local if there are no local ones where the LTT have limited the management charge.
      I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

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        #18
        Thats what the management fee is for, managing, this includes replying to reasonable demands which it sounds as if you are. (As per the RICS code mentioned above).

        Alas some FH just treat LHs as a cash cow to be ripped off as much as possible, but FH like this are normally pretty stupid and end up like mine, seriously out of pocket when the LH wises up and starts legal action and/or withhold payments.
        Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

        I do not accept any liability to you in relation to the advice given.

        It is always recommended you seek further advice from a solicitor or legal expert.

        Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

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